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Most streets of Lagos State from Ikeja to Victoria Island were particularly empty in the early morning of 27 October 2020. This was my observation as I was going for a meeting with one of my associates, Peterson Ologbenla (name withheld), an erudite professor and constitutional lawyer.
As we drove from the Mainland to Victoria Island, we observed that in a few streets, avenues, pathways and bus stops key persons that one expected to see were conspicuously missing. Who are these key persons, you may ask? They are men and women of the Police Force.
Some constables on patrol that usually ask for my drivers’ license and car particulars were off the roads. Police vehicles were not visible. Or, were the cops in mufti, I thought? “But where are my friends,” I quipped? Instead of providing an answer to my question, Peterson asked: “Who is your friend, my friend?” I told him, “The Police Force is my friend.” “But are they on sabbatical”, I asked jovially?
Police on sabbatical? It cannot happen, Peterson replied in anger. But it has happened before. Honestly, the constitutional scholar assumed that “our friends” were off the roads due to the Lekki Toll gate massacre, looting by hoodlums, destruction of private and government properties, and killings of citizens and policemen that pervaded the country’s landscape. If it was true as Peterson reasoned, should policemen and policewomen lash back on the citizens and disregard the country’s Constitution by going on strike in Lagos and a few states?
If all Nigerians have their fundamental human rights enshrined in the 1999 Constitution, then what is the problem? Why has anyone decreed that there should be no peaceful protest? Peaceful protest is one of several means available to citizens to legitimately exercise their fundamental human rights
The youths who protested have moved on beyond the #EndSARS protests in search of their daily bread. The Police Force is to ensure that business activities of citizens run smoothly without any fear of being molested by criminals. Criminal activities have commenced. But “our friends;” were not available to protect lives and properties. This is a breach of the relevant section of the 1999 Constitution (As Amended). Peterson was of the view that the police should not exploit the weakness of the country’s Constitution to hold the society to ransom. I share same sentiment too.
What could have made the Police to be away from the streets of Lagos and a few other states? Did officers and men of the Police Force believe they were the only victims of the “end police brutality protests,” and that they were taken advantage of by the people they were to protect? Did the police think they were being blamed for the country’s ills? I hope the police is not blaming the citizens on its poor reputation.
I equally hope the police does not believe that most Nigerians are accusing them wrongly of corruption while ignoring the good work of the vast majority of its officers and men. I hope those officers and men of the police force who abandoned their duty posts as reported by some newspapers were not taking advantage of the citizens to display their displeasure and age-old frustrations on welfare matters. Whatever is the reason adduced for the absence without official leave, the police should not abandon their constitutional responsibilities.
The Inspector General of Police, Mohammed Adamu appealed on a few occasions to police officers and men to go back to work. The Nigeria Police boss urged the police to protect themselves against attacks. In a report, the police boss stressed that men and officers have the right to defend themselves when their lives were threatened. “When we talk of human rights, the police are human; so, the rights of police officers would also be protected. So, we are sending the message that legally, we have the right to protect ourselves,” according to the IGP. These are brilliant points to note.
The crux of the matter as a concerned citizen is: Why are some cops not in their duty posts? Who will protect ordinary citizens who go about their lawful duties? These are questions in search of reasonable answers. Most citizens are being molested, harassed, intimidated, raped, kidnapped, and robbed by criminals daily in our society. I read about suspected gunmen attack on a bullion van in Lagos recently. And I asked: “Where is the police?”
In a democracy, the first layer of protection against criminals and criminality is the police force, not the military. That the military is neck deep into internal security challenges in about 34 states says a lot about the weakness of our police force.
Since Prof Peterson is a constitutional scholar, I requested him to educate me on human rights. Oh la rights; the! Peterson was very eager to broaden my horizon on the fundamentals of human rights. But he started by asking me whether I wanted to know the views of Plato, Aristotle and the Stoics on human rights. I quickly reminded him that I am not one of his students in the university.
Peterson, however said: “The idea of “right” is a very broad and complex one much debated in philosophy and jurisprudence extending across many areas of concern: Animal rights, parental and children’s rights, legal rights, natural rights, women’s rights, workers’ rights, rights at law and politics, individual rights and peoples’ rights; the relation of rights to obligations and duties, and more.”
I had to interject immediately because of time. But Peterson, continued his homily on human rights by saying that: “A central question concerns the source of rights: Are they inherent in humanity, or are they claimed or made?” “Are they objective, or artificial? If the latter, are they nevertheless valid and binding? Are they universal, or are the notions of rights specific to different societies and their members”?
At this point, I asked if all 200 million Nigerians are entitled to human rights. Peterson replied in the Affirmative. He cited Chapter IV of the Constitution of the Federal Republic of Nigeria 1999 (Amended), which deals with Fundamental Rights. “That section of the Constitution says that all Nigerians have the right to: life; fair hearing; freedom of expression; freedom from discrimination; private and family life; freedom of movement; peaceful assembly and association among others.”
If all Nigerians have their fundamental human rights enshrined in the 1999 Constitution, then what is the problem? Why has anyone decreed that there should be no peaceful protest? Peaceful protest is one of several means available to citizens to legitimately exercise their fundamental human rights.
The scripture tells us that “whoever closes his ears to the cry of the poor will himself call out and not be answered.” Even the poor do protest when praying to the Creator telling Him that the world which He created perfectly has been messed up. So, when citizens speak, we must give them a listening ear. We all have human rights. The police are human as well as the citizens without exception.
The rights of police and citizens must be protected. The police have the right to protect its officers and men, and also duty bound to defend all citizens. No one prays for anarchy in the country. Without restoring the confidence and trust of the police, it is doubtful if the officers and men would be able to perform their statutory responsibility.
The federal government has the constitutional responsibility of using the Police Force and other security agencies as tools of national power to protect over 200 million people. But where are my friends? Are they still on strike? (To continue)
